25 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,581 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,491 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,283 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
  4. Cooper v. Aviall

    543 U.S. 157 (2004)   Cited 419 times   11 Legal Analyses
    Holding that the portion of § 113(f) cited above "rebuts any presumption that the express right of contribution provided by the enabling clause is the exclusive cause of action for contribution available to a [potentially responsible party]"
  5. Foulk v. Charrier

    262 F.3d 687 (8th Cir. 2001)   Cited 429 times
    Holding that the "district court did not err in declining to dismiss [plaintiff's] excessive force claim for failure to exhaust administrative remedies" because the prison did not respond to his complaint and thus no further administrative proceedings were "available"
  6. Barrow v. Wethersfield Police Dept

    66 F.3d 466 (2d Cir. 1995)   Cited 438 times   1 Legal Analyses
    Holding that "Rule 15(c) does not allow an amended complaint adding new defendants to relate back if the newly-added defendants were not named originally because the plaintiff did not know their identities"
  7. RodrÍguez v. Municipality of San Juan

    659 F.3d 168 (1st Cir. 2011)   Cited 264 times
    Holding that arguments "adverted to in a cursory fashion, unaccompanied by developed argument," are waived
  8. Temporomandibular Joint (TMJ) Implant Recipients v. Dow Chemical Co.

    113 F.3d 1484 (8th Cir. 1997)   Cited 322 times
    Holding " genuine issue of material fact exists if the evidence is sufficient to allow a reasonable [finder of fact] to return a verdict for the nonmoving party."
  9. ASARCO LLC v. Goodwin

    756 F.3d 191 (2d Cir. 2014)   Cited 122 times   1 Legal Analyses
    Determining that a newly added claim in an amended complaint did not relate back because the original complaint "contained no facts whatever about" the newly added claim
  10. Barrow v. Wethersfield Police Dept

    74 F.3d 1366 (2d Cir. 1996)   Cited 162 times
    Holding that amended complaint substituting individual officers for "John Doe" defendants did not relate back to original complaint under Rule 15(c) because plaintiff's initial failure to name officers was due to lack of knowledge of their identity rather than a mistake regarding identity
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,744 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,652 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,198 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  14. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,332 times   130 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
  15. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,279 times   133 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act
  16. Section 9613 - Civil proceedings

    42 U.S.C. § 9613   Cited 2,182 times   38 Legal Analyses
    Granting federal district courts "exclusive original jurisdiction" of CERCLA actions